If I think I have been sexually harassed, or am part of a hostile environment, what should I do?

You should tell the harasser to stop. Keep a written record of all incidents including what exactly happened, date, time, and the names of people that might have witnessed the incident(s). Consider going to the superior of the person harassing you. If you believe your employer is well-intentioned but unaware, and has a grievance or complaint procedure, it is often a good idea to use it. In fact, if you do not use the employer’s complaint process before going to court, you may not recover damages if you win. Make sure that any complaint that you do make is in writing, though, because if you are retaliated against without a paper trail it will be difficult to prove.

It is almost always a good idea to consult with a sexual harassment attorney who specializes in employment claims. Many attorneys provide free consultations for situation such as these and the attorney can give you specific guidance as to what you should be doing both to document your claim and to protect yourself against retaliation. Very often there are others who were similarly victims of sexual harassment who may want to join you.

The attorney sometimes may be able to informally complain and get the employer’s attention so the offending practice is stopped. In other cases, the attorney may help you prepare to file a complaint with the EEOC or an appropriate state agency. The attorney, unlike you, knows the ropes and can help you protect your rights should there ultimately be a court case.

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(Reviewed 9-08)

Case Studies: Taking Action Against Sexual Harassment and Hostile Environments

Case Study 1: Jane’s Workplace Harassment

Jane works in a small company where she has been experiencing ongoing sexual harassment by a senior colleague. She documents the incidents, confronts the harasser, and reports the harassment to her supervisor. Jane decides to consult with a sexual harassment attorney who advises her on documenting the claim and protecting against retaliation. With the attorney’s guidance, Jane files a complaint with the appropriate state agency, taking legal action to address the situation.

Case Study 2: John and the Hostile Work Environment

John works in a corporate environment characterized by a hostile work environment. He collects evidence of derogatory comments and offensive jokes targeting his gender. John reports the hostile work environment to the human resources department and seeks legal counsel. The attorney contacts the employer to resolve the issue informally, but if unsuccessful, guides John in filing a formal complaint with the appropriate authorities to protect his rights.

Case Study 3: Sarah’s Online Harassment

Sarah, a freelance graphic designer, faces persistent online harassment from a client. She maintains a written record of the harassment, blocks the client’s communication channels, and reports the situation to the platform’s support team. Sarah consults with a cyber harassment attorney who advises her on legal options, including pursuing a restraining order and filing a complaint with law enforcement authorities. With the attorney’s guidance, Sarah takes steps to protect herself and seek justice for the online harassment.